Volume 962 — North Western Reporter, Second Series

Constitutional issues not appropriately raised in the district court will not be considered for the first time on appeal.

Under N.D.R.App.P. 4(a)(1), a party has 60 days from service of notice of entry of the judgment to file an appeal. Only judgments constituting a final judgment of the rights of the parties and certain orders enumerated by statute are appealable.

A certification under N.D.R.Civ.P. 54(b) should not be routinely granted and is reserved for cases involving unusual circumstances where failure to allow an immediate appeal would create a demonstrated prejudice or hardship. A district court should articulate in writing the reasons supporting its decision to grant certification under N.D.R.Civ.P. 54(b).

The Sixth Amendment does not extend the right to a jury trial for a violation of a Bismarck ordinance restricting the use of public property. Citizens of our state may have greater protections under the North Dakota Constitution than the United States Constitution. The North Dakota Constitution guarantees the right to a jury trial for an infraction-level violation of a Bismarck ordinance restricting the use of public property.

A district court's decision to modify parenting time may be affirmed, despite sparse findings of fact, when its rationale is clear from the record. Section 14-09.2-08, N.D.C.C., only requires a specific good-cause finding when the district court terminates or modifies a parenting coordinator's appointment on its own motion. Due process requires parties receive adequate notice and a fair opportunity to be heard.

A person standing in an open doorway is in a public place and may be arrested without a warrant permitting entry into the home. Investigatory stops are justified if there is reasonable and articulable suspicion a person has committed or is about to commit a crime. Evidence should not be suppressed or excluded as fruit of the poisonous tree unless the alleged illegality is at least a but-for cause of obtaining the evidence.

This Court, on its own motion, may notice errors to which no objection has been taken if the errors are obvious or if they otherwise seriously affect the fairness, integrity, or public reputation of judicial proceedings.